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(영문) 부산고등법원 2017.05.11 2017노115
업무상횡령등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the period of three years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (one year and six months, etc.) on the defendant is too unreasonable, due to the summary of the grounds for appeal.

2. The crime of occupational embezzlement of this case committed by the Defendant, as the managing director of the E Co., Ltd. (hereinafter “E”), continuously receives large amounts of money and valuables exceeding KRW 200 million, in exchange for unlawful solicitation such as the above criminal facts, from the subcontractor and material delivery companies for a long period of three years, on the ground that the Defendant, as the managing director of the E Co., Ltd. (hereinafter “E”), has violated the duty to select the subcontractor and material delivery companies in an appropriate and fair manner, and on the contrary, has received large amounts of money and valuables exceeding KRW 200 million. The crime of occupational embezzlement of this case constitutes embezzlement of KRW 6 million in total by receiving money and valuables from the subcontractor and materials delivery companies on two occasions as stated in the crime of this case in the judgment of the court below. In light of the fact and content, means and method of the crime, the period and frequency of the crime, and the fact that the Defendant received money and valuables and other valuables from the Defendant’s bank account, which is a violation of the Electronic Financial Transactions Act, and the crime of this case, etc.

On the other hand, the defendant has led to the confession of all of the crimes of this case from the investigative agency to the court of the trial of the party, and his mistake is in depth divided.

statement;

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